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ACT Clarification of Consent Orders Regarding Child Support?

Discussion in 'Family Law Forum' started by mierd, 9 September 2016.

  1. mierd

    mierd Active Member

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    Hello,

    I'd like some assistance with interpreting a consent order notation which I am unsure about.

    There is a notation stating that "parties agree to equally contribute to all expenses relating to medical, education and other expenses relating to the children"

    The father in this situation pays child support as assessed by Child Support Agency. He currently has 7% care of the children. My understanding is that child support covers things like schooling fees, uniforms, etc. The children go to public school and are treated medically in the public system.

    As far as the orders state, is he still required to pay half of any school costs at public school even though child support is intended to cover these expenses?

    Hope this makes sense and appreciate your help.
     
  2. sammy01

    sammy01 Well-Known Member

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    Nope.

    Read:
    4.3.3 Implementing Court Orders Made under the Child Support Legislation | Child Support Guide

    Read in particular "Whilst a notation can indicate the parents' intentions, they are not orders and cannot be registered or vary an assessment."

    It does go on to say a notation "may, therefore, form part of the evidence the Registrar considers in determining the parties' intentions for purposes such as non-agency payments or change of assessment matters."

    So I need to change my mind from nope to maybe... But I have personal experience of this one. I was taken by my ex to the administrative appeals tribunal after they knocked back a notation that favoured her. At the AAT, they refused to accept the notation so it wasn't accepted.

    Now if the kids were already at private school prior to separation or dad's name was on the enrollment form then you could win based on a different rule

    2.6.9 Reason 3 - High Costs of Caring for, Educating or Training the Child in the Manner Expected by the Parents | Child Support Guide

    Read the bit under the title.

    "Is the child being cared for, educated or trained in a manner expected by his or her parents?"

    But as the kid is in a public school. I think the dad has met his obligation according to the rules.

    I hope this helps?
     
  3. mierd

    mierd Active Member

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    Yes this does help to clarify, Thanks!
     

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